TAMMS MURDER SUSPECT'S TRIAL DELAYED

CAIRO, Ill. -- A continuance on Tuesday added to the delays in the trials of two suspects charged in connection with a double homicide in Tamms last April.

Alexander County Circuit Court Judge Stephen Spomer granted another continuance in the trial for Cleotious Schoffner Jr. so that lawyers on both sides could complete the discovery process and file various motions to be heard by the court. Spomer was appointed to represent Schoffner last month after the defense requested that Judge Mark Clarke step down from the case.

Numerous hearings and trial dates have been set and reset for Schoffner, 20, and his cousin Glen Schoffner, 21, both of Pulaski. The two are accused of fatally shooting Donald Murphy, owner of the D&M Quick Mart, while attempting to rob the convenience store on April 10.

They are also accused of fatally shooting and slitting the throat of Gary Wheaton, a customer, and shooting and kidnapping Norma Johnson, an employee of the store, at the time of the robbery attempt.

Both Schoffners have pled innocent to eight counts of first-degree murder, one count each of armed robbery and aggravated battery with a firearm, and two counts of aggravated kidnapping. Under Illinois law, they could receive death sentences if convicted of the murder charges. If convicted of all charges, they each face a minimum 180-year prison sentence.

During Tuesday's hearing, Spomer asked the attorneys exactly what was delaying the hearing and when he could expect them to file motions, if any, they wanted him to make a judgment on.

"Are you planning to file? When are you going to file your motions?" Spomer asked State's Attorney Jeff Farris and defense attorney Patrick Cox during the hearing.

Both attorneys are expected to file motions regarding the collection of information and the death penalty. Spomer told them to file any motions before Aug. 11. Cox said he will file motions to suppress statements made by Cleotious Schoffner while in custody and evidence seized when he was arrested on April 11.

Cleotious Schoffner told Illinois State Police he thought Glen Schoffner went into the convenience store for beer rather than robbery. He claims that Glen Schoffner shot and killed both men and forced him to participate in the kidnapping of Johnson.

Cletoious Schoffner told police that Glen Schoffner pointed a gun at him prior to the robbery and said he would kill him if he tried to leave.

Farris said in court that he would file a motion for discovery and deliver copies to Cox before Friday. He must also decide whether he will pursue the death penalty.

Farris told Spomer he needed additional time because the Illinois State Police crime lab had not processed and returned blood and other samples taken from the defendant. He also said he needed copies of any information Cleotious Schoffner's attorney had collected during discovery.

"He's asking for discovery information," Cox said. "Basically, I told him we aint got nothing."

After the hearing Cleotious Schoffner was returned to the Alexander County Jail, where he is being held on a $2 million bond. His final pretrial hearing will be Sept. 30, and a jury trial is scheduled to begin Oct. 6.

Glen Schoffner is also being held in the jail on $2 million bond. Jury selection is scheduled to begin Aug. 12.